9911796707
TMI Blog2014 (1) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ots received by the appellant from job worker stands removed by them clandestinely without further activities of using the same in the manufacture of alloy ingots - The appellant had earlier approached the Hon’ble High Court of Punjab & Haryana, which directed them to freeze an amount by 1.65 crores from their Cenvat account – assessee submits that they are ready to deposit such amount - an amount of Rs. 5 lakhs stand already deposited by them, but in any case that the deposit is attributable to the shortage of the final product - the applicant is directed to deposit an amount of Rs.2 crores as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted. - Appeal No. 2784-2869 of 2011 - Stay O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post. 3. On the above ground, we note that the appellant has a prima facie case in its favour inasmuch as without the receipt of the inputs, it is not only difficult but in practical to manufacture their final product, which stands cleared on payment of duty. The Revenue has neither alleged not evidenced any procurement of raw material from other alternative sources. 4. Further demand of around Rs. 3.15 crores stand confirmed in respect of the waste and rejects, which came into existence during the course of manufacture of their final product. According to the Revenue such rejected material stand sold by the appellant without payment of duty whereas it is the appellants contention that the same were remelted and reused in their furnace ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note that an amount of Rs. 5 lakhs stand already deposited by them, but in any case that the deposit is attributable to the shortage of the final product. In view of the High Court s order and having held a prima facie case in favour of the assessee in respect of demand of amount of Rs.7 cores, we direct the applicant to deposit an amount of Rs.2 crores as a condition of hearing of their appeal within a period of six weeks from today as suggested by ld. Advocate and report compliance on 6th May 2013. Stay petitions are disposed of in the above terms. 8. Subject to above deposit by M/s Century NF casting, the pre-deposit of balance amount of duty and entire amount of penalties imposed upon all the applicants shall stand waived and its rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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